TARAK NATH DAS Vs. MANORAMA CHOWDHURY

JUDGEMENT

(1.) THIS first miscellaneous appeal is at the instance of a defendant in a suit for partition and is directed against Order No. 122 dated 26th February, 2008 passed by the learned Judge, 12th Bench, City Civil Court at Calcutta by which the said Court arrived at a finding that it is a fit case for appointment of a receiver but did not name the Receiver; the Court directed both the plaintiff and the defendant to give one name from their side for appointment of Receiver within one month from that date and it was further indicated that after getting the name of one person each from the side of the parties, the order of joint receiver would be issued.

(2.) BEING dissatisfied, the defendant has come up with the present appeal.

(3.) AFTER hearing the learned Counsel for the parties, we are of the view that this first miscellaneous appeal under Order 43 Rule 1 (s) of the Code of civil Procedure is a premature one.